Documentation containing Scottish National Party finances enquiries: FOI release

Information requested

Please provide copies of all guidance, briefing notes, instructions, advice, protocols, communication plans, Q&A documents, speaking notes or other documents issued to Scottish Government Ministers, Special Advisers or civil servants concerning inquiries regarding SNP finances.

Response

Having conducted appropriate and proportionate searches, I have identified a small amount of information that falls within scope of your request contained within Q&A documents and speaking notes prepared for Ministers.

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because exemptions under section 30(b)(i) – free and frank provision of advice and section 30(c) – prejudice to effective conduct of public affairs of the Freedom of Information (Scotland) Act 2002 apply to that information.

An exemption under section 30(b)(i) of FOISA (free and frank advice and exchange of views) applies to some of the information because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view, including agreeing lines to take. Disclosing the content of free and frank exchange of views would likely substantially inhibit the exchange of such views in future.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I have found that, on balance, the public interest lies in favour of upholding the exemption. I recognise there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can exchange full and frank views, as part of the process of exploring and refining the Government’s policy position. This private thinking space is essential to enable all options can be properly considered, based on the best available advice, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

I consider further that an exemption under section 30(c) of FOISA – prejudice to effective conduct of public affairs applies to some of the information requested.

Disclosing this information would substantially prejudice our ability to flag issues and brief Ministers on these to enable them to decide how to respond, therefore impacting on the quality and detail of the answers that Ministers would be in a position to provide. Disclosure of this information would have real and demonstrable significance and have a significant impact on the business of SG, and of the Parliament, and would limit the provision of free and frank advice. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in protecting the briefing process as disclosure would restrain, decrease or suppress the freedom within which opinions or options are expressed and this would not be in the public interest.

I also consider that a small number of pieces of correspondence fall within the scope of your request, as these contain inquiries regarding SNP finances. Please note that the letter dated 8 June 2026 falls outside the scope of your request due to its issue date, however I have included it here outwith FOISA for completeness. Section 38(1)(b) applies to some of the information because it is personal data of a third party, including the names of Scottish Government officials below the level of Senior Civil Servant, and personal email addresses. Disclosing this would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

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FOI 202600519552 - Information Released - Annex

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